M. Naylor

The respondent landlord brought a motion to lift the stay of eviction pending the tenant's appeal.

The tenant had previously been ordered to pay rent arrears and ongoing rent as a condition of the stay but failed to make any payments.

The tenant did not provide substantive submissions in response to the motion.

The court lifted the stay of eviction and awarded costs of $1,600 to the landlord.

The tenant brought a motion to set aside an earlier endorsement that lifted a stay of eviction, arguing he was not served with the notice of motion.

The landlord claimed he served the notice personally, but this was inconsistent with his earlier email to the court stating a notice of motion was not required.

The court set aside the earlier endorsement, reinstating the stay of eviction pending appeal, and set an expedited timetable for the appeal.